Proposes constitutional amendment to increase
mandatory retirement age for judges and justices from 70 to 75.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent
Resolutionproposing to amend
Article VI, Section VI, paragraph 3 of the New Jersey Constitution.

Be It Resolved by the General Assembly of the State of New Jersey (the
Senate concurring):

1. The following proposed
amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED
AMENDMENT

Amend Article VI, Section VI,
paragraph 3 to read as follows:

3. The Justices of the
Supreme Court and the Judges of the Superior Court shall hold their offices for
initial terms of 7 years and upon reappointment shall hold their offices during
good behavior; provided however, that, upon the abolition of the juvenile and
domestic relations courts or family court and county district courts as
provided by law, the judges in office in those former courts who have acquired
tenure and the Judges of the Superior Court who have acquired tenure as a judge
in those former courts prior to appointment to the Superior Court, shall have
tenure as Judges of the Superior Court. Judges of the juvenile and domestic
relations courts or family court and county district courts who have not
acquired tenure as a judge of those former courts shall hold their offices for
the period of their respective terms which remain unexpired and shall acquire
tenure upon reappointment to the Superior Court. Such justices and judges shall
be retired upon attaining the age of [70]75 years.
Provisions for the pensioning of the Justices of the Supreme Court and the
Judges of the Superior Court shall be made by law.

(cf: Art.VI, Sec.VI, par.3; amended
effective December 8, 1983.)

2. When this proposed
amendment to the Constitution is finally agreed to pursuant to Article IX,
paragraph 1 of the Constitution, it shall be submitted to the people at the
next general election occurring more than three months after the final
agreement and shall be published at least once in at least one newspaper of
each county designated by the President of the Senate, the Speaker of the
General Assembly and the Attorney General, not less than three months prior to
the general election.

3. This proposed amendment
to the Constitution shall be submitted to the people at that election in the
following manner and form:

There shall be printed on each
official ballot to be used at the general election, the following:

a. In every municipality in
which voting machines are not used, a legend which shall immediately precede
the question as follows:

If you favor the proposition
printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are
opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the
word "No."

b. In
every municipality the following question:

CONSTITUTIONAL
AMENDMENT

TO
INCREASE MANDATORY RETIREMENT AGE FOR JUSTICES AND JUDGES

YES

Do you approve amending the
Constitution to increase the mandatory retirement age for Justices of the
Supreme Court and Judges of the Superior Court from age 70 to age 75?

INTERPRETIVE
STATEMENT

NO

Currently, the Constitution
requires Justices of the New Jersey Supreme Court and Judges of the New
Jersey Superior Court to retire at age 70. This amendment would increase the
mandatory retirement age. These Justices and Judges would be required to
retire at age 75.

STATEMENT

This concurrent resolution
proposes an amendment to Article VI, Section VI, paragraph 3 of the New Jersey
Constitution which would increase the mandatory retirement age for Justices of
the Supreme Court and Judges of the Superior Court. Currently, the
Constitution requires these Justices and Judges to retire at age 70. Under the
amendment, mandatory retirement would be at age 75.